Effective as of 15th October 2021

1. INTRODUCTION

Thank you for using Sook Retail Ltd. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Sook Retail Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

2. DEFINITIONS AND INTERPRETATION

2.1 In these terms and conditions, unless the context dictates otherwise, the following expressions are to be understood as meaning:

3. ACCESS TO THE WEBSITE

3.1 Access to the Website is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary to access the Website.

3.3 Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable to you at any time and for any period.

4. REGISTRATION AND ACCOUNTS

4.1 Certain parts of the Website (including the ability to purchase services from Us) may require an Account in order to access them. By registering, you will create a personalized account which includes a unique username and a password to access the Website and to receive messages from the Company.

4.2 You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

4.3 You must ensure that the details provided by you on registration or at any time are correct and complete. You must also inform us of any changes to this information by updating your personal details to ensure that Sook Retail Ltd can communicate with you effectively.

4.4 Sook Retail Ltd may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

4.5 You may cancel your registration at any time by informing us in writing to the email address: enquiries@sook.space. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

4.6 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You agree to notify us immediately of any unauthorized use of your password and/or account by emailing enquiries@sook.space. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

5. PRIVACY POLICY

5.1 Sook Retail Ltd respects the privacy of its users. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. The Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy, and can be found by following this link:https://www.sook.space/privacy. The Cookies Policy details which Cookies are used by Our Website and Our Legal Basis for using them.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 With the exception of User Content (see Clause 7) all content included on the Website is the property of Sook Retail Ltd, and the copyright and other property rights subsisting in that Content, unless specifically labelled otherwise, belongs to, or has been licenced by Us. All Content (including User Content) is protected by applicable United Kingdom and International intellectual property laws and treaties.

6.2 Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

6.3 Subject to Clauses 6.4 and 6.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-se Content from Our Site unless given express written permission to do so by Us.

6.4 You may:

6.4.1 Access, view and use the Website in a web browser (including any web browsing capability built into other types of software or app);

6.4.2 Save or download pages from the Website for offline viewing only.

6.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must be acknowledged.

6.6 You must not re-use any Content printed, or saved from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site whether by businesses or consumers.

7. USER CONTENT

7.1 User Content on Our Site includes (though is not limited to) any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that has been submitted or uploaded by Users.

7.2 An Account is required in order to submit / upload User Content. Please refer to Clause 4 for further information.

7.3 You acknowledge that you are responsible for any content you may submit via the Website. Specifically, you agree, represent and warrant that you have the right to submit the User content and that all such User Content will comply with Our Acceptable Use Policy, detailed in Clause 8 below.

7.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 7.2. You will be responsible for any loss or damage suffered by Us as a result of such a breach.

7.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating, marketing, and promoting Our Site and its services. This does not grant Other Users the right to copy and quote your User Content within Our Site.

7.6 If you wish to remove User Content from Our Site, the User content in question will be anonymised by removing your username and any logos or trademarks. Please note, however, that caching or references to your User content may not be made immediately unavailable, or at all, if this is outside of our reasonable control.

7.7 We may reject, reclassify, or remove any User content from Our Site where, in Our sole opinion, it violates Our Acceptable Use Policy, or if We receive a complaint from a third party and determine that the User content in question should be removed as a result.

7.8 We are not responsible for the content or accuracy, or for any opinions, views, or values, expressed in User Content. Any such opinions, views or values are those of the relevant User and do not reflect Our opinions, views or values in any way.

8. ACCEPTABLE USE POLICY

8.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:

8.1.1 You must ensure that you comply fully with any and all local, national or international laws and/regulations;

8.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

8.1.3 You must not use Our Site to knowingly send, upload, display or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

8.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

8.2 When uploading or submitting User Content (or communicating in any other way using Our Site), you must not communicate, display or otherwise do anything that:

8.2.1. Is sexually explicit;

8.2.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;

8.2.3 Promotes violence;

8.2.4 Promotes or assists in any form of unlawful activity;

8.2.5 Discriminates against, or is in any way defamatory of any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

8.2.6 Is intended or otherwise likely to threaten, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.7 Is calculated or is otherwise likely to deceive;

8.2.8 Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have the right to;

8.2.9 Misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the provisions of this sub-Clause 8.2);

8.2.10 Implies any form of affiliation with Us where none exists;

8.2.11 Infringes, or assists in the infringement of, the intellectual property rights (including but not limited to, copyright, patents, trademarks and database rights) of any other party; or

8.2.12 Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.3.We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 8, or any of the other provisions of these Terms and Conditions of Use. Specifically, We make take one or more of the following actions:

8.3.1 Suspend, whether temporarily or permanently your Account and/or your right to access Our Site;

8.3.2 Remove any User Content uploaded by you that violates this Acceptable Use Policy;

8.3.3 Issue you with a written warning, either through the Website or through email.

8.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

8.3.5 Take further legal action against you as appropriate;

8.3.6 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

8.3.7 Any other actions which We deem reasonably appropriate (and lawful), including but not limited to cancelling a booking with a possible lack of refund and/or banning the user from any of the Spaces advertised by Sook.

8.4 We hereby exclude any and all liability arising out of any actions (including but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions of Use.

9. VIRUSES, MALWARE AND SECURITY

9.1 We exercise all reasonable care and skill to ensure that Our Site is secure and free from viruses and other malware.

9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and any other internet security risks.

9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6 You must not bypass any robot exclusion headers or other measures we take to restrict access to the Website, or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Website or the content accessible via the Website; or publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

9.7 By breaching the provisions of sub-Clauses 9.3 to 9.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

10. LINKS TO OUR SITE

10.1 You may not link to any page other than the homepage of Our Site: https://www.sook.space/. Deep Linking to other pages requires Our express written permission. Please contact us at enquiries@sook.space for further information.

10.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.

10.3 You may not link to our site from any other site the main content of which contains materials that breach the conditions outlined in the Acceptable Use Policy detailed in sub-Clause 8.2.

10.4 The content restrictions in sub-Clause 10.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 10.3. You are not, for example, prohibited from posting links on general purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

11. LINKS TO OTHER WEBSITES AND/OR MATERIALS

11.1 The Website may contain links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Unless expressly stated, We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.

11.2 Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

11.3 Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement.

11.4 If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

11.5 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.

12. LIABILITY AND DISCLAIMERS

12.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only.

12.2 Insofar as it is permitted by law, We make no representation, warranty or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be secure.

12.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date.

12.4 The Website does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website. See privacy policy for further details: https://www.sook.space/privacy.

12.5 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

12.6 For business users, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; loss or corruption of any data, database or software, or for any indirect or consequential loss or damage.

12.7 If you are a consumer User, please note that the primary function of our Site is for business purposes. However, if as a result of Our failure to exercise reasonable care and skill, any digital content from Our site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details please contact your local Citizens Advice Bureau or Trading Standards Office.

12.8 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, pandemics, natural events, acts of war, or legal restrictions and censorship.

12.9 Nothing in these terms and conditions of use excludes or restricts Our or your liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

12.10 The limitations of liability in this Clause 12 apply only to the use of Our Site and not the use of any of the Sook Retail Ltd physical spaces, which is governed by Our individual Occupation Agreement for each physical space, made available on confirming a booking of the space.

13. CHANGES TO THESE TERMS AND CONDITIONS OF USE

13.1 We may alter these Terms and Conditions of Use at any time. Any such change will become binding upon you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

13.2 In the event of any conflict between the current version of these Terms and Conditions of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. GENERAL TERMS

14.1 If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

14.2 You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year of the cause of action accrues. Otherwise, such cause of action is permanently barred.

14.3 We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

15. CONTACTING US

15.1 If we have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions of Use, Our Privacy Policy and Occupation Agreement, and changes to your Account.

15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time by emailing enquiries@sook.space. If you opt out of receiving emails from us it may take up to 5 working days for Us to comply with your request, during this time you may still receive emails from Us.

15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact us at enquiries@sook.space, or via the chat box on our homepage: https://www.sook.space .

16. LAW AND JURISDICTION

16.1 These Terms and Conditions of Use, and the relationship between you and Us (whether conditional or otherwise) shall be governed by, and construed in accordance with the Law of England and Wales, the Law of Scotland, and the Law of Northern Ireland.

16.2 Any disputes concerning these Terms and Conditions of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales, and the courts of Scotland.

You acknowledge that you have read these terms and conditions of use, Understand the terms and conditions of use, and will be bound by these Terms and conditions. You further acknowledge that these terms of use Together with the privacy policy at [https://www.sook.space/privacy], Represent the complete and exclusive statement of the agreement Between us and that it supersedes any proposal or prior agreement oral Or written, and any other communications between us relating to the Subject matter of this agreement.